Budd
People v. Budd
Opinion
Lead Opinion
The defendant was convicted, under the provisions of section 26 of the statute of 1911, designated and known as the “Juvenile Court Law” (Stats. 1911, pp. 658-672), of the crime of “encouraging, causing and contributing to the dependency” of one Mamie Gianniattasio, a female person, under the age of 21 years.
This appeal is brought to this court by the defendant from the judgment and the order denying his motion for a new trial.
The document charging the offense for which the defendant was prosecuted and of which he was adjudged guilty is an ordinary complaint or deposition, verified before the county clerk and not subscribed to by the district attorney.
At the time fixed for his arraignment, the defendant demurred to said complaint upon both general and special grounds, and at the same time moved to set aside said complaint upon the grounds: 1. That before the filing thereof the defendant had not been legally committed by a magistrate. 2. That said complaint is not subscribed by the district attorney of the county.
The court overruled the demurrer and denied the motion to set aside the complaint.